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(영문) 창원지방법원 2020.07.09 2020가합51115
약정금
Text

1. Defendant (Appointed Party), Defendant Appointed C, D, and E are jointly and severally appointed by the Plaintiff (Appointed Party) and Plaintiff F. 250.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Plaintiff (Appointed Party) is the spouse of the deceased G. The deceased son F is the deceased G’s children, and the deceased G is the deceased H’s father. 2) The network H died on October 6, 2007. At that time, I, Defendant (Appointed Party), Defendant Appointed C, D, Plaintiff (Appointed Party), and Plaintiff Appointed’s lineal descendant who will be the deceased F’s heir was deceased before the commencement of the inheritance. As the deceased G was the deceased before the commencement of the inheritance, the deceased Party (Appointed Party), the spouse of the deceased G, the Plaintiff (Appointed Party) and the Plaintiff Appoint F, a lineal descendant, had been married by inheritance on behalf of the deceased.

The term “Defendant (Appointed Party)”, “Defendant C, D, and E” together refers to Defendant (Appointed Party), and the term “Plaintiffs” and “Plaintiffs” when also refer to Plaintiff (Appointed Party) and Plaintiff Appointed F.

1. The entire inheritance real estate of the Republic of Korea, Kim Chang-gun and 48 parcels shall be owned by the Defendants.

(each equity 1/4)

2.I will not receive inheritance of the above inherited immovable property.

3. The Plaintiffs are paid KRW 300 million in cash.

3) On February 17, 2011, the above co-inheritors agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the following content.

(4) At the time of the instant agreement on the division of inherited property, the Defendants jointly and severally agreed to pay KRW 300 million to the Plaintiffs by July 31, 2011.

5) Meanwhile, among the above 300 million won, the Plaintiffs received only KRW 50 million from Defendant Appointors C. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 2 through 4, and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendants jointly and severally agreed upon (T) agreement amounting to KRW 250 million following the agreement on the division of inherited property of this case (i.e., KRW 30 million - KRW 50 million) and for this, from August 1, 2011, the date of delivery of a copy of the complaint of this case (the original copy of the payment order) from August 1, 201 to the last date of delivery of a copy of the complaint of this case (the original copy of the payment order).

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